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All meeting minutes posted on the township website are unofficial minutes. Official copies of minutes may be obtained from the township clerk.

Minutes: January 18, 2007

A regular meeting of the Randolph Township Council was called to order at 8:00 p.m. by Mayor Obremski. This meeting is held pursuant to the New Jersey Open Public Meetings Act. Adequate notice of the meeting has been provided by posting written notice of the time, date, location and, to the extent known, the agenda of the meeting in Randolph Township. This notice was posted on the Bulletin Board within Town Hall, it was filed with the T ownship Clerk, and it was provided to those persons or entities requesting notification. Notice was also provided to the Morris County Daily Record and the Randolph Reporter on January 6, 2006, by faxing them the annual resolution adopted by the Council on January 5, 2006. The annual resolution, which included this meeting date, was advertised in the Morris County Daily Record, the official newspaper of the Township of Randolph, on January 9, 2006, and in the Randolph Reporter on February 2, 2006.

APPROVAL OF MINUTES

A. Approval of Regular Minutes for 2006—March 23, July 6, July 27, August 3, August 31, September 7, September 21, September 28, October 5, October 26, November 2, November 30, December 7, and December 19

B. Approval of Executive Minutes for 2006—March 23, July 6, September 7, September 28, October 26, November 2, November 30, December 7, and December 19

Councilman Napoliello requested amending the Executive Minutes for March 23, 2006, to reflect he was in attendance.

Councilman Napoliello made a motion to approve the minutes as amended. Deputy Mayor Mitsch seconded the motion, and the following roll call vote was taken:

COUNCIL AND MANAGER REPORTS

Councilman Metz reported that he attended the January 6 public forum on the pool and provided his overall assessment of the meeting.

Councilman Napoliello reported that he attended a Recreation Committee meeting where it was noted that online registration for programs is at 72 percent.

Councilman Algeier reported that he also attended the pool forum on January 6 where he asked several questions and felt that he received all the information he asked for.

Mayor Obremski stated that he and Assistant Manager Russo will be meeting with State Farm Insurance to discuss a program concerning teen driving which falls in line with some initiatives that the Traffic Advisory Committee will be working on in 2007. The Mayor and Assistant Manager will also be meeting with Verizon in February to hear about the new television service. The Mayor will be meeting with the Recreation Department and the local YMCA to discuss a request from Marty’s Reliable Cycles in Randolph to create a Bike the Trails Day. Mayor Obremski will meet with school representatives and the YMCA to discuss a new program targeting teen obesity.

Manager Lovell requested moving the discussion of the Mt. Freedom development concept from February 10 to January 25. The Manager has been told by the DOT that preliminary designs for Sussex Turnpike will consist of the road from Millbrook Avenue to West Hanover Avenue and some intersection improvements.

OPEN TO PUBLIC

Adam Zyto, 18 Alpine Drive, asked if the skateboard park in Randolph was going to be closed. He also asked if the Town Manager and Town Council would be performing a thorough financial review of the Pool Committee’s proposal for a new pool to ensure accuracy in the numbers reported.

John Van Brunt responded that the skateboard park was not being closed.

Manager Lovell suggested that Mr. Zyto’s request for a financial inspection of the pool report be addressed during the capital improvement program discussion later in the meeting.

Doug Bratman, 2 Winchester Terrace, asked if the announced increase in the purchase price of water will affect numbers concerning the pool. He reiterated his request that the pool issue be placed on a referendum and noted that he has assisted in the preparation of a petition that will be presented to the Town Council.

Manager Lovell responded that he didn’t know the impact of the price of water to the pool but stated that he would look into it.

Judith Stewart, 114 Everdale Road, asked when approved Executive Minutes would be released to the public.

Manager Lovell responded that the Township Clerk, Township Attorney and he would be going through the Executive Minutes to make determinations as to a release date.

Mrs. Stewart suggested the Pool Committee consider bonding the pool through members purchasing shares to ensure the pool be self-sustaining. She also noted that unless residents who are not members are allowed to use the pool for recreational purposes, the land must be purchased.

Councilman Algeier explained the process that goes into interviewing and selecting attorneys to represent Randolph noting that these attorneys are specialized in various areas. Randolph strives to retain the best representation possible. Mr. Buzak has been recognized for his achievements by his peers in New Jersey. The Councilman further noted that the cost for the all of the current attorneys is less than 50 percent of what the cost was several years ago when one attorney was paid an hourly rate.

DISCUSSION

A. Capital Improvement Program

Manager Lovell explained the Township’s strategy of using short term financing to pay for projects and retiring debt as soon as possible and how this pertains to the new requirements in New Jersey that will only allow the use of short term financing for a period of ten years. The Manager and Financial Director are preparing to meeting with Bond Counsel in anticipation of having a bond sale this summer to issue permanent financing. He summarized the projects that will be funded through the bond sale. The Manager then summarized and explained the capital improvement program for 2007 and beyond, which includes the following projects:

road overlay program

public works equipment

water tank painting project

Shongum Road sewer main

Echo Lane reconstruction

Architectural services for a number of township buildings

Pool utility

Doby Road Trail Bridge

Randolph Park improvements

Network data center at the Municipal Building

Police weapons replacement/mobile data replacement

Replacement building for Public Works

E. A. Porter property

Cohn Farm restoration

Mt. Freedom development concept

Manager Lovell noted that Council needs to provide him and the Financial Director with a sense of direction for the pool. He requested the Council permit him and Mr. Soccio to meet with Bond Counsel to present the project to him and obtain his opinion as to bonding for the life of the project, investigate whether a down payment can be waived or needs to be paid, and to contact the Morris County Improvement Authority to discuss alternative financing. He stated that he would be more than willing to undertake a line by line assessment of the Pool Committee’s recommendations with the Township Auditor and present their findings to the Council if that is their desire.

Manager Lovell pointed out that funds for capital improvements are not being appropriated this evening. Once the budget is adopted, individual ordinances will be prepared and brought before the Council for introduction, public hearing and adoption. This evening’s discussion on the capital improvement program was to provide a sense of direction for the township’s expenditures for 2007 and beyond.

The Manager then summarized projects listed on the Capital Outlay Program, which included the following:

Technology upgrade to go to paperless Council

Historic Records Preservation Program

Data processing fire suppression system

Feasibility study for Mt. Freedom Village Center

Upgrades to Municipal Building

Upgrade sound system in Municipal Court

Energy utilities audit

Upgrades to salt storage facility on Sussex Turnpike

Shared administrative fleet

Subgun replacement

Radar replacement

The Manager stated that money for the Capital Improvement Program will come from various sources including:

$416,000.00 as capital appropriations

$175,000.00 from capital surplus

$210,000.00 from capital reserve account

$75,000.00 from sewer appropriation reserves

$310,000.00 from water appropriation reserves

$10,000.00 from Parks Trust

$135,000.00 from NJDOT grant

$30,000.00 from a developer off-tract fund contribution

With regard to the Manager’s request for direction concerning the pool, Councilman Metz provided a summary of the Pool Committee including how they came to be formed and the mission they undertook regarding an in-depth study of a self-sustaining pool. With long term interest rates likely not going down, the Councilman believes a pool should be built sooner rather than later.

Mayor Obremski noted that he would be comfortable with the Manager and staff undertaking an independent financial study of the Pool Committee’s proposal to present to the Council.

Mayor Obremski made a motion to allow the Manager to begin researching financing options, to conduct an independent internal review using whatever staff members he feels appropriate, speaking with Bond Counsel, contacting the Department of Community Affairs to see if the five percent down payment can be waived, and also to speak with the Morris County Improvement Board. Councilman Napoliello seconded the motion, and the following roll call vote was taken:

SOIL MOVEMENT HEARING—CAMPUS PLAZA

Manager Lovell stated that this item will be carried to March 1 at the request of the attorney for this project.

Township Attorney Buzak stated that under Township Ordinance, notice is required for these types of hearings. Any one present this evening on this application for a soil movement permit for Randolph MAB Associates LLC, Campus Plaza, Route 10 East, Block 44, Lot 14, should be advised that it has been carried to March 1, 2007, at 8:00 p.m. in the Municipal Building. There will be no further notice for those interested.

COMBINED ACTION ITEMS

Manager Lovell summarized the Combined Action Items.

Deputy Mayor Mitsch made a motion to approve the Combined Action Items. Councilman Alpert seconded the motion, and the following roll call vote was taken:

A. Refunds/Adjustments Resolutions

(1) Refund Artworks Art Class Registration Due to Cancellation of Class Because of Lack of Enrollment to Linda Smith, 215 Dover Chester Road—$175.00

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WHEREAS, Linda Smith registered her son for an Artworks art class and paid the fee in the amount of $175.00.

WHEREAS, her son will not be attending the art class due to the cancellation of class from lack of enrollment.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and council of the Township of Randolph, County of Morris, State of New Jersey, that it is recommended by John Van Brunt, Director of Parks, Recreation and Community Services, that $175.00 be refunded to Mrs. Linda Smith, 215 Dover Chester Road, Randolph, New Jersey 07869.

WHEREAS, the Health Department has requested that a change fund be established for their various programs; and

WHEREAS, it is recommended by the Director of Finance that the Health Department be given a change fund for $50.00.

NOW, THEREFORE, BE IT RESOLVED that the Township Council, Township of Randolph, County of Morris, State of New Jersey, that the Finance Director be instructed to establish a $50.00 change fund for the Randolph Township Health Department.

C. Authorizing Appointment of Edward J. Buzak, Esq., and the Law Offices of Edward J. Buzak for the Purpose of Providing Various Legal Functions—$276.00 Plus $145.00 Per Hour for Any Service Not Covered Under the Retainer

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WHEREAS, the Township of Randolph has a need for a contract to retain legal counsel to perform various legal functions as directed by the governing body of the Township and the Township Manager as a non-fair and open contract pursuant to the provisions of NJSA 19:44A-20.4 or 20.5; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of this acquisition will exceed $17,500.00; and

WHEREAS, the anticipated term of this contract is one year; and

WHEREAS, Edward J. Buzak, Esq., and the Law Offices of Edward J. Buzak have completed and submitted a Business Entity Disclosure Certification which certifies that the Law Offices of Edward J. Buzak has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year and that the contract will prohibit said law offices from making any reportable contributions through the term of the contract; and

WHEREAS, the cost for these services is $276,000.00 plus $145.00 per hour for any services not covered under the retainer, and funds are available subject to budget approval; and

WHEREAS, contract is awarded without competitive bidding as “professional services” in accordance with NJSA 40A:11-5(1)(a) of the Local Public Contracts Law because said services are performed by a person authorized by law to practice a recognized profession; and

WHEREAS, notice of this resolution shall be printed once in the official newspaper of the Township of Randolph.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council, Township of Randolph, County of Morris, State of New Jersey, authorizes the Township of Randolph to enter into a contract with Edward J. Buzak, Esq., and the Law Offices of Edward J. Buzak as described herein.

BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 18, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2007 Budget—Legal, Other Expense and Water and Sewer, Other Expense to award a contract to Edward J. Buzak, Esq., for the purpose of providing various legal functions in the amount not to exceed $276,000.00.

D. Authorizing Professional Services Agreements for Legal Services to the Following Attorneys:

(2) Bond Counsel—John Kraft—Not to Exceed $10,000.00

(3) Public Defender—Allan Iskra—$14,000.00

(4) Labor Counsel—Fred Knapp—Not to Exceed $5,000.00

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WHEREAS, there exists a need for various professional services to be rendered to the Township of Randolph; and

WHEREAS, funds are subject to budget approval; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-5, et. seq) requires that the resolution authorizing the award for contracts for “Professional Services” without competitive bidding and the contract itself must be made available for public inspection.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, as follows:

1. The Township of Randolph hereby authorizes the execution of agreements with the following professionals for the year beginning January 1, 2007:

2. These contracts are awarded without competitive bidding as “professional services” in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because said services are performed by a person authorized by law to practice a recognized profession.

3. A notice of this resolution shall be printed once in the official newspaper of the Township of Randolph.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 18, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Various Escrow Accounts to award a contract to Anthony Bucco, Jr., of the law firm of Johnson, Murphy, Hubner, McKeon, Wubbenhorst, Bucco & Appelt, P.C., for the preparation of developers’ agreements and review of all performance guarantees for all subdivisions and site plans at a rate of $135.00 per hour not to exceed $10,000.00.

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Various Capital Bond Ordinances to award a contract to John L. Kraft, Esq., LLC, for Bond Counsel Services in the amount not to exceed $10,000.00.

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in General Trust Account—Reserve for Public Defender to award a contract to Allan Iskra, Esq., as Municipal Public Defender to represent indigent defendants in the Municipal Court in the amount not to exceed $14,000.00.

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2007 Budget—Legal, Other Expense to award a contract to Fredric M. Knapp of the law firm of Lauer, Knapp, Torzewski & Delena, LLC, for professional legal services as special labor counsel in the amount not to exceed $14,000.00.

E. Authorize Professional Services Agreements for Open Space Surveying Services

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(1) Jaman Engineering—Not to Exceed $25,000.00

WHEREAS, there exists a need to enter into a professional services agreement with Jaman Engineering Associates to provide professional surveying services in connection with open space acquisitions on an as-needed basis; and

WHEREAS, the cost for such professional surveying services will not exceed twenty-five thousand dollars ($25,000.00); and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for professional services without competitive bid and the contract itself must be available for public inspection; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition will exceed $17,500.00; and

WHEREAS, Jaman Engineering Associates has completed and submitted a Business Entity Disclosure Certification which certifies that Jaman Engineering Associates has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Jaman Engineering Associates from making any reportable contributions through the term of the contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a professional services agreement with Jaman Engineering Associates.

2. A notice of this resolution shall be printed once in the official newspaper of the Township of Randolph.

3. The Business Entity Disclosure Certification and the Determination of Value Certification shall be placed on file with this resolution.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 18, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to Jaman Engineering Associates for the purpose of professional surveying services in connection with open space acquisitions in the amount not to exceed $25,000.00.

(2) Paulus, Sokolowski and Sartor—Not to Exceed $10,000.00

WHEREAS, there exists a need to enter into a professional services agreement with Paulus, Sokolowski and Sartor, LLC, to provide professional surveying services in connection with open space acquisitions on an as-needed basis; and

WHEREAS, the cost for such professional surveying services will not exceed ten thousand dollars ($10,000.00); and

WHEREAS, funds are available fur this purpose; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for professional services without competitive bid and the contract itself must be available for public inspection.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a professional services agreement with Paulus, Sokolowski and Sartor, LLC.

2. A notice of this resolution shall be printed once in the official newspaper of the Township of Randolph.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 18, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to Paulus, Sokolowski and Sartor, LLC, for the purpose of professional surveying services in connection with open space acquisitions in the amount not to exceed $10,000.00.

(3) Clough Harbour—Not to Exceed $10,000.00

WHEREAS, there exists a need to enter into a professional services agreement with Clough Harbour & Associates, LLP, to provide professional surveying services in connection with open space acquisitions on an as-needed basis; and

WHEREAS, the cost for such professional surveying services will not exceed ten thousand dollars ($10,000.00); and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for professional services without competitive bid and the contract itself must be available for public inspection.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a professional services agreement with Clough Harbour & Associates, LLP.

2. A notice of this resolution shall be printed once in the official newspaper of the Township of Randolph.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 18, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to Clough Harbour and Associates, LLP, for the purpose of professional surveying services in connection with open space acquisitions in the amount not to exceed $10,000.00.

F. Authorize Professional Services Agreements for Open Space Appraisal Services

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(1) Integra Realty Resources—Not to Exceed $20,000.00

WHEREAS, there exists a need to enter into a professional services agreement with Integra Realty Resources for the purpose of professional appraisal services in connection with open space acquisitions on an as-needed basis; and

WHEREAS, the cost for such professional appraisal services will not exceed twenty thousand dollars ($20,000.00); and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts Law (NJSAA 40A:11-5 et seq.) requires that the resolution authorizing the award for professional services without competitive bid and the contract itself must be available for public inspection; and

WHEREAS, Gail Catania, Purchasing Coordinator, has determined and certified in writing that the value of the acquisition will exceed $17,500.00; and

WHEREAS, Integra Realty Resource has completed and submitted a Business Entity Disclosure Certification which certifies that Integra Realty Resource has not made any reportable contributions to a political or candidate committee in the Township of Randolph in the previous one year, and that the contract will prohibit Integra Realty Resource from making any reportable contributions through the term of the contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a professional services agreement with Integra Realty Resource.

2. A notice of this resolution shall be printed once in the official newspaper of the Township of Randolph.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 18, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to Integra Realty Resources for the purpose of professional appraisal services in connection with open space acquisitions in the amount not to exceed $20,000.00.

(2) Landmark I Appraisers—Not to Exceed $10,000.00

WHEREAS, there exists a need to enter into a professional services agreement with Landmark I Appraisers for the purpose of professional appraisal services in connection with open space acquisitions on an as-needed basis; and

WHEREAS, the cost for such professional appraisal services will not exceed ten thousand dollars ($10,000.00); and

WHEREAS, funds area available for this purpose; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for professional services without competitive bid and the contract itself must be available for public inspection.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a professional services agreement with Landmark I Appraisers.

2. A notice of this resolution shall be printed once in the official newspaper of the Township of Randolph.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 18, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to Landmark I Appraisers for the purpose of professional appraisal services in connection with open space acquisitions in the amount not to exceed $10,000.00.

(1) EcolSciences—Not to Exceed $15,000.00

WHEREAS, there exists a need to enter into a professional services agreement with EcolSciences, Inc., to provide professional surveying services in connection with open space acquisitions on an as-needed basis; and

WHEREAS, the cost for such professional surveying services will not exceed fifteen thousand dollars ($15,000.00); and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for professional services without competitive bid and the contract itself must be available for public inspection.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a professional services agreement with EcolSciences, Inc.

2. A notice of this resolution shall be printed once in the official newspaper of the Township of Randolph.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 18, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to EcolSciences, Inc., for the purpose of professional environmental services in connection with open space acquisitions in the amount not to exceed $15,000.00.

(2) PK Environmental Engineering—Not to Exceed $15,000.00

WHEREAS, there exists a need to enter into a professional services agreement with PK Environmental Engineering for the purpose of professional environmental engineering services in connection with open space acquisitions on an as-needed basis; and

WHEREAS, the cost for such environmental engineering services will not exceed fifteen thousand dollars ($15,000.00); and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for professional services without competitive bid and the contract itself must be available for public inspection.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a professional services agreement with PK Environmental Engineering.

2. A notice of this resolution shall be printed once in the official newspaper of the Township of Randolph.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 18, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to PK Environmental Engineering for the purpose of professional environmental services in connection with open space acquisitions in the amount not to exceed $15,000.00.

H. Authorize Professional Services Agreements for the Purpose of Professional Environmental Services in Connection with Soil and Tank Removal

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(1) Viridian Environmental Consultants—Not to Exceed $7,500.00

WHEREAS, there exists a need to enter into a professional services agreement with Viridian Environmental Consultants for the purpose of professional environmental services in connection with soil and tank inspection and removal on an as-needed basis; and

WHEREAS, the cost for such professional environmental services will not exceed seven thousand five hundred dollars ($7,500.00); and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for Professional Services without competitive bid and the contract itself must be available for public inspection.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a professional services agreement with Viridian Environmental Consultants.

2. A notice of this resolution shall be printed once in the official newspaper of the Township of Randolph.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 18, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to Viridian Environmental Consultants for the purpose of professional environmental services in connection with soil and tank inspections in the amount not to exceed $7,500.00.

(2) Environmental Health Investigators, Inc.—Not to Exceed $7,500.00

WHEREAS, there exists a need to enter into a professional services agreement with Environmental Health Investigators, Inc., for the purpose of professional environmental services in connection with soil and tank inspection and removal on an as-needed basis; and

WHEREAS, the cost for such professional environmental services will not exceed seven thousand five hundred dollars ($7,500.00); and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for professional services without competitive bid and the contract itself must be available for public inspection.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a professional services agreement with Environmental Health Investigators, Inc.

2. A notice of this resolution shall be printed once in the official newspaper of the Township of Randolph.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 18, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in Ordinance #23-00, Acquisition of Land for Open Space, to award a contract to Environmental Health Investigators, Inc., for the purpose of professional environmental services in connection with soil and tank inspections in the amount not to exceed $7,500.00.

I. Authorizing Township to Join Morris County Adaptive Recreational Program (McARP) as Described Above and Contribute Thereto an Amount Not in Excess of Fair Share Assessment for One Year—$3,164.00

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WHEREAS, there has been created a Morris County Adaptive Recreational Program (McARP); and

WHEREAS, said program intends to provide recreational services for persons with disabilities of all ages, and further to give said persons an opportunity to explore new leisure time skills in conjunction with their age and abilities; and

WHEREAS, the total project cost exceeds $300,000.00; and

WHEREAS, the Township of Randolph’s cost with respect thereto will be approximately $3,164.00 according to the Fair Share Ratio Schedule.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Randolph as follows:

That the Township of Randolph hereby intends to join the Morris County Adaptive Recreational Program (McARP) as described above and continue thereto in the amount not in excess of Fair Share Assessment for one year.

J. Authorizing Various Actions (Awards of Contracts/Rescission of a Portion of a Contract) on Behalf of the MCCPC for 2007

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WHEREAS, the Township of Randolph on behalf of the Morris County Cooperative Pricing Council (MCCPC) wishes to award the following contracts on an “as-needed” basis during the contract period February 1, 2007 to December 31, 2007 as noted:

Request of ARC Sports to rescind Item #30a from their initial award due to them bidding something other than what was specified in the bid specifications. (Item #30a—Jugs or equivalent Softball, Lite Flite).

WHEREAS, all the bids noted above have been advertised and received in accordance with the “Local Public Contracts Law”; and

WHEREAS, the Township of Randolph on behalf of the MCCPC has determined that the above referenced companies are the low responsible bidders in compliance with the bid specifications.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, that the contracts be awarded/rescinded as noted on behalf of the MCCPC to the above referenced bidders for contract period (February 1, 2007 to December 31, 2007).

K. Authorizing Randolph to Provide Animal Control Services to Rockaway Borough for 2007

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WHEREAS, the Borough of Rockaway wishes to obtain animal control services from the Township of Randolph; and

WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement dated January 1, 2007.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the contract with the Borough of Rockaway.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the contract.

WHEREAS, the Borough of Rockaway wishes to obtain health services of a technical and professional nature from the Township of Randolph; and

WHEREAS, both parties agree to abide by the provisions set forth in the Services Agreement dated January 1, 2007.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Randolph do hereby approve the contract with the Borough of Rockaway.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the contract.

M. Authorizing Professional Services Agreement with St. Clare’s Hospital for Various Professional Outreach Programs

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WHEREAS, there exists a need to enter into a professional services agreement with Saint Clare’s Hospitals for the purpose of professional outreach programs committed to advocating health promotion and wellness programs serving the surrounding communities on an as-needed basis; and

WHEREAS, the cost for such services are itemized on the agreement; and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts Law (NJSA 40A:11-5 et seq.) requires that the resolution authorizing the award for professional services without competitive bid and the contract itself must be available for public inspection.

NOW, THEREFORE, BE IT RESOLVED by the Township Council, Township of Randolph, County of Morris, State of New Jersey, that:

1. The Township of Randolph hereby authorizes the execution of a professional services agreement with St. Clare’s Hospitals.

2. A notice of this resolution shall be printed once in the official newspaper of the Township of Randolph.

CERTIFICATION OF AVAILABILITY OF FUNDS

Dated: January 18, 2007

As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:30-14.5, and any other applicable requirement, I, Michael J. Soccio, Director of Finance of the Township of Randolph, have ascertained that funds are available in the 2007 Budget—Health, Other Expense to award a contract to Saint Clare’s Hospital for the purpose of professional outreach programs committed to advocating health promotion and wellness programs in the amounts in accordance with their agreements.

COUNCIL COMMENTS

Councilman Algeier suggested that the Council members take a look at Echo Lane regarding the project placed in the Capital Improvement Program. He senses the project would cost more than anticipated and doesn’t know if the road is private or publicly owned.

Manager Lovell responded that his preliminary findings indicate that Echo Lane is not a public road and he will do further investigation before any work is done on this project.

Councilman Algeier asked the Manager to report on what is happening with the sports club that holds a triathlon in Randolph each year.

Manager Lovell responded that this item is listed for discussion on the January 25 agenda. He has asked John Van Brunt to provide information on how the parks weathered the event last year and how the park was left at the end of the event.

Councilman Algeier passed around some information provided by the Planning Board on cottage housing for the Council to review and consider for possible inclusion in the Master Plan.

Councilman Metz noted that he was glad to see the Township Manager at the pool forum on January 6 and thought his comments were on target. He believes the Manager’s comments about financing were accurate and he supports the Council decision to talk about financing. With his financial background, he is happy to assist in any way with the audit of the Pool Committee’s report.

Councilman Napoliello reported that he attended a review of the Highlands Regional Master Plan. In view of the fact that the Highlands Committee seems to be unsure of what they are doing, he suggested Randolph consider requesting a six week extension.

Manager Lovell responded that the subcommittee is meeting Friday at 1:00 p.m. He hasn’t been provided with necessary data so he is unable to review the Master Plan. It is his understanding that Morris County and several surrounding municipalities are requesting an extension. After receiving feedback from the Council that they would support requesting an extension, the Manager noted that he will place this item on the next agenda as a resolution.

Councilman Algeier stated that it is his understanding that if a town opts into the Highlands Plan, that town would receive favored treatment on funding and the processing of applications, which he feels is not right and hopes the subcommittee addresses at their meeting.

Mayor Obremski nominated Zak Kaplan to serve as a student member on the Economic Development Committee for a term expiring in June 2007. Deputy Mayor Mitsch seconded the motion.

Hearing no further nominations, the following roll call vote was taken:

Mayor Obremski noted that the Township Clerk will provide the Council with a list of expiring student members for the various committees in late May.

Manager Lovell stated that Councilwoman Price contacted him and indicated that she would be unable to attend tonight’s Council meeting due to a business trip out of town.

OPEN TO PUBLIC

Christine Fitzpatrick, 1A Jason Lane, noted that the Council discussed cottage-style housing for Randolph and asked if there was a specific area in town where they planned to place these cottages. She expressed concern that Council might be thinking about exercising eminent domain privileges in her area for proposed redevelopment.

Councilman Algeier responded that the cottage-style housing discussion was simply a concept to consider for inclusion in the Master Plan.

Manager Lovell stressed that there is a philosophy on the Council that deals with eminent domain, and while eminent domain might be used to put a sewer line through or for easement purposes, Council does not use eminent domain to take people’s homes away. Eminent domain is thought of very negatively by the Council and there is no support for it. He then explained to Ms. Fitzpatrick the process he and the Council has been undertaking by talking to the business and property owners in the Mt. Freedom area about possible redevelopment to try to establish whether worthwhile improvements are viable in that area.

Councilman Algeier reiterated the Manager’s response that property owners’ rights are paramount and the town is not interested in taking anybody’s property by any stretch of the imagination.

Councilman Napoliello responded that the Board of Adjustment has approved a new post office to be built a little further west on Sussex Turnpike.

Judith Stewart, 114 Everdale Road, stated that she believes a new post office will be an improvement but noted that residents should forward suggestions to the Post Master General and their Congressman before final decisions are made. Mrs. Stewart commented that, with regard to past zoning changes in the township, eminent domain laws have never properly been used by the winners to compensate those who don’t win. Mrs. Stewart asked if the back-up information on the Capital Improvement Program discussed earlier would be distributed to the public since it was not in their packets this evening.

Manager Lovell responded that he will make sure it is distributed to the public.

EXECUTIVE

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 (N.J.S.A. 10:4-12) permits the exclusion of the public from a meeting under certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Randolph, in the County of Morris, and State of New Jersey, as follows:

1. The public shall be excluded from the following portion of the meeting.

2. The general nature of the subject matter to be discussed is as follows:
a. Gary Grey Trucking

3. As nearly as now can be ascertained, the matter or matters to be discussed at this time will be disclosed to the public at such time and under such circumstances as are prescribed by law.

4. At the conclusion of the closed Executive Session, the Council may reconvene in public session for the purpose of taking formal action on matters discussed in closed session or on any other matter as permitted by law.

Mayor Obremski made a motion to enter into Executive Session. Deputy Mayor Mitsch seconded the motion and the following roll call vote was taken: